What do Idaho landlord tenant laws say about repairs, deposits and notice?
Idaho landlord tenant laws let a tenant file an action against a landlord for failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord (6-320(a)), and say deposit refunds shall be made within twenty-one (21) days if no time is fixed by agreement (6-321(2)).
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Idaho landlord tenant day counts, hours and acres, with sources
| Written notice a tenant gives the landlord before standing to file an action under 6-320 (6-320(d)) | 3 daysstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 6-320, read 2026-10-29 |
|---|---|
| Days after service of the tenant's notice: if a listed failure or breach has not been performed or cured by the landlord, the tenant may proceed to commence an action (6-320(d)) | 3 daysstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 6-320, read 2026-10-29 |
| Smoke detectors: hours after receipt of the tenant's letter, if the landlord fails to install working smoke detectors, before the tenant may install smoke detectors and deduct the cost from the tenant's next month's rent (6-320(a)(6)) | 72 hoursstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 6-320, read 2026-10-29 |
| Security deposit refund, if no time is fixed by agreement (6-321(2)) | 21 daysstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 6-321, read 2026-10-29 |
| Security deposit refund, in any event, after surrender of the premises by the tenant (6-321(2)) | 30 daysstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 6-321, read 2026-10-29 |
| Written notice the landlord gives of a rent increase or of nonrenewal, in leases of residential property (55-304(2)) | 30 daysstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 55-304, read 2026-10-29 |
| Size of tracts of land used for agricultural purposes that 6-320 does not reach (6-320(e)) | 5 acresstate (Idaho); statute text in force on the read day, 2026-10-29; Idaho Code 6-320, read 2026-10-29 |
What repairs is a landlord responsible for in Idaho?
Idaho Code 6-320(a), read 2026-10-29 on legislature.idaho.gov, lists what a tenant may file an action against a landlord for: “A tenant may file an action against a landlord for damages and specific performance for: (1) Failure to provide reasonable waterproofing and weather protection of the premises; (2) Failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord; (3) Maintaining the premises in a manner hazardous to the health or safety of the tenant;” (Idaho Code 6-320)
For a plumbing, heating, cooling or electrical repair at a rental you manage, you can post the job on InstaBids and compare written bids on the same scope.
How long does a landlord have to make repairs in Idaho?
The day count in Idaho Code 6-320(d), read 2026-10-29, runs from the tenant's written notice: “Before a tenant shall have standing to file an action under this section, he must give his landlord three (3) days written notice, listing each failure or breach upon which his action will be premised and written demand requiring performance or cure.” (Idaho Code 6-320) The same subsection goes on: “If, within three (3) days after service of the notice, any listed failure or breach has not been performed or cured by the landlord, the tenant may proceed to commence an action for damages and specific performance.” (Idaho Code 6-320)
When a tenant's written repair request comes in, a manager can describe the repair once on InstaBids, add photos, and get written bids from contractors.
How long does a landlord have to return a security deposit in Idaho?
Idaho Code 6-321(2), read 2026-10-29, sets two limits in one sentence: “Refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant.” (Idaho Code 6-321)
A refund of less than the full amount deposited carries a statement under the same subsection: “Any refunds in an amount less than the full amount deposited by the tenant shall be accompanied by a signed statement itemizing the amounts lawfully retained by the landlord, the purpose for the amounts retained, and a detailed list of expenditures made from the deposit.” (Idaho Code 6-321)
Section 6-321(1) limits what may be kept: “The landlord shall not retain any part of a security deposit to cover normal wear and tear.” (Idaho Code 6-321) It defines normal wear and tear as deterioration which occurs based upon the use for which the rental unit is intended and without negligence, carelessness, accident, or misuse or abuse of the premises or contents by the tenant or members of his household, or their invitees or guests.
Where the premises are managed by a third-party manager of a landlord, the deposit shall be maintained in a separate account under 6-321(4): “A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution.” (Idaho Code 6-321) The same subsection says its requirements shall not apply to a property owner, managers who have common members or principals of the property owner entity, a real estate licensee, or a nonprofit business organization as established under chapter 30, title 30, Idaho Code.
For move-out cleaning and repairs beyond normal wear and tear before a deposit is returned, you can post the turnover job on InstaBids and compare written bids.
When can a tenant withhold rent over repairs in Idaho?
The rent deduction written into Idaho Code 6-320(a)(6), read 2026-10-29, is for smoke detectors: “If the landlord or the landlord’s assignee fails to install working smoke detectors, the tenant may send written notice by certified mail, return receipt requested, to the landlord or the landlord’s assignee that if working smoke detectors are not installed within seventy-two (72) hours of receipt of the letter, the tenant may install smoke detectors and deduct the cost from the tenant’s next month’s rent.” (Idaho Code 6-320) The same item ends: “Smoke detectors purchased by the tenant and deducted from rent become the property of the landlord and shall not be removed from the premises.”
To have smoke detectors installed or replaced in a rental unit, a property manager can post that job on InstaBids and see written bids side by side.
Who does Idaho landlord tenant law cover?
Section 6-320(e), read 2026-10-29, leaves tracts of land of five (5) acres or more used for agricultural purposes outside 6-320: “The provisions of this section shall not apply to tracts of land of five (5) acres or more used for agricultural purposes.” (Idaho Code 6-320)
Section 6-321(1) says what counts as a deposit: “Amounts deposited by a tenant with a landlord for any purpose other than the payment of rent shall be deemed security deposits.” (Idaho Code 6-321)
Section 55-304(2) covers leases of residential property: “Notwithstanding subsection (1) of this section, in all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord’s intention of nonrenewal of the lease at least thirty (30) days before:” (Idaho Code 55-304) such nonrenewal of the lease, or before such increase in the amount of rent charged is intended to take effect.
For a repair or turnover at a residential rental before a lease renews, a landlord or manager can post the job on InstaBids and get written bids on one scope.
Idaho Code rules a property manager works to
Section 6-321(4), for a security deposit for a residential rental premises managed by a third-party manager of a landlord (not a real estate licensee or the other entities that subsection names):
A security deposit for a residential rental premises that is managed by a third-party manager of a landlord shall be maintained in a separate account at a federally insured financial institution.
Source: Idaho Code 6-321, read 2026-10-29
Section 55-304(2), the landlord's written notice in leases of residential property:
Notwithstanding subsection (1) of this section, in all leases of residential property, or of any interest therein, the landlord shall provide the tenant written notice of any increase in the amount of rent charged or of the landlord’s intention of nonrenewal of the lease at least thirty (30) days before:
Source: Idaho Code 55-304, read 2026-10-29
What to put in a written repair scope for an Idaho rental
- The repair in plain words, with photos, tied to the 6-320(a) item it meets, such as failure to maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities supplied by the landlord, a ground on which a tenant may file an action against a landlord.
- The date the tenant's 6-320(d) notice was served, since the tenant may proceed to commence an action if, within three (3) days after service of the notice, a listed failure or breach has not been performed or cured by the landlord (6-320(d)).
- At move-out, the surrender date and the refund date: refunds shall be made within twenty-one (21) days if no time is fixed by agreement and, in any event, within thirty (30) days after surrender of the premises by the tenant, and a refund in an amount less than the full amount deposited is accompanied by a signed statement itemizing the amounts lawfully retained by the landlord (6-321(2)).
- Turnover work charged to a deposit listed apart from normal wear and tear, since the landlord shall not retain any part of a security deposit to cover normal wear and tear (6-321(1)).
Calling contractors one by one, or one written scope?
Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names the 6-320(a) item behind a tenant's action against a landlord, such as failure to maintain in good working order plumbing or heating facilities supplied by the landlord, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.
Property managers can post a rental job on InstaBids today.
Related answers on other pages
Sources
- Idaho Code 6-320, read 2026-10-29: legislature.idaho.gov
- Idaho Code 6-321, read 2026-10-29: legislature.idaho.gov
- Idaho Code 55-304, read 2026-10-29: legislature.idaho.gov